Luật công an nhân dân 2005 số 54/2005/QH11

THE NATIONAL ASSEMBLY -------	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom – Happiness ---------
No: 54/2005/QH11	Hanoi, November 29, 2005

 

LAW

ON PEOPLE’S PUBLIC SECURITY FORCES

Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No. 51/2001/QH10 of December 25, 2001, of the Xth National Assembly, the 10th session;
This Law provides for the People's Public Security Forces.

Chapter I

GENERAL PROVISIONS

Article 1.- Governing scope

This Law provides for the principles of organization and operation; functions, tasks and powers of, and regimes and policies for, the People's Public Security Forces.

Article 2.- Subjects of application

This Law applies to the People's Public Security Forces; Vietnamese agencies, organizations and citizens and foreign organizations and individuals residing and operating in the territory of the Socialist Republic of Vietnam. Where it is otherwise provided for by an international treaty to which the Socialist Republic of Vietnam is a contracting party, such treaty shall apply.

Article 3.- Interpretation of terms

In this Law, the following terms and phrases shall be construed as follows:

1. Protection of national security means preclusion, detection, prevention, fighting and failing of activities of infringing upon the national security.

2. Maintenance of social order and safety means preclusion, detection, prevention and combat of crimes and acts of violating the law on social order and safety.

3. Professional officers and non-commissioned officers mean Vietnamese citizens who are recruited, trained, drilled and engaged in professional operations of the People's Public Security Forces, and are appointed and promoted by the State to the rank of general, field officer, company officer or non-commissioned officer.

4. Technical officers and non-commissioned officers mean Vietnamese citizens who are specialized in technical domains, serve in the People's Public Security Forces and are appointed and promoted by the State to the rank of field officer, company officer or non-commissioned officer.

5. Term non-commissioned officers and soldiers mean Vietnamese citizens who are recruited to serve in the People's Public Security Forces for a term of three years, and are appointed and promoted by the State to the rank of warrant officer, sergeant, corporal, first-class private or private.

6. Workers and public employees mean persons who are recruited to work in the People's Public Security Forces but are not appointed by the State to the rank of officer, non-commissioned officer or soldier.

7. Professional measures mean working measures taken by the People's Public Security Forces in accordance with the provisions of law to protect national security and maintain social order and safety.

Article 4.- Position and functions of the People's Public Security Forces

1. The People's Public Security Forces constitute the core of the people's armed forces in the cause of protection of national security and maintenance of social order and safety of the State of the Socialist Republic of Vietnam.

The People's Public Security Forces include the People's Security Force and the People's Police Force.

2. The People's Public Security Forces function to advise the Party and the State on protection of national security and maintenance of social order and safety; perform the unified management in protection of national security and maintenance of social order and safety; prevent and fight plots and acts of enemy forces, crimes of all types and violations of law on national security as well as social order and safety.

Article 5.- Principles of organization and operation of the People's Public Security Forces

1. The People's Public Security Forces are placed under the absolute, direct and comprehensive leadership of the Communist Party of Vietnam and the supreme command of the State President, the unified management by the Government and the direct command and management by the Public Security Minister.

2. The People's Public Security Forces are organized in a centralized and unified manner according to the administrative skeleton from the central to grassroots levels.

3. Activities of the People's Public Security Forces must abide by the Constitution and law; adhere to the principle that that subordinates submit to the superiors; rely on the people and submit to supervision by the people; protect the interests of the State, the rights and legitimate interests of organizations and individuals.

Article 6.- Recruitment of citizens for service in the People's Public Security Forces

1. Citizens who satisfy all the criteria of political and ethical quality, educational level and health, and have aspirations and aptitudes suitable to public security work may be recruited into the People's Public Security Forces.

2. The People's Public Security Forces are given priority to recruit students who have graduated with distinction from academies, universities, colleges, professional intermediate and vocational schools and satisfy all the criteria for training and addition to the People's Public Security Forces.

Article 7.- Citizens serving for a given term in the People's Public Security Forces

1. Annually, the People's Public Security Forces may recruit citizens aged between full 18 and 25 years to serve in their forces for a term of three years.

2. Specific number, criteria and procedures for recruitment of citizens to serve for a given term in the People's Public Security Forces shall be provided for by the Government.

Article 8.- Service regimes of officers, non-commissioned officers, soldiers, workers and public employees of the People's Public Security Forces

1. Officers of the People's Public Security Forces shall serve under the professional regime; non-commissioned officers and soldiers of the People's Public Security Forces shall serve under the professional regime or for a given term; workers and public employees of the People's Public Security Forces shall serve under the recruitment regime.

2. Citizens serving in the People's Public Security Forces shall be exempt from military service duty.

Article 9.- Building of the People's Public Security Forces

1. The State shall adopt policies on training and fostering of officers, non-commissioned officers and soldiers of the People's Public Security Forces; and build the revolutionary, regular, well-trained and gradually modernized People's Public Security Forces.

2. Agencies, organizations and all citizens are obliged to participate in building the clean and strong People's Public Security Forces.

Article 10.- Supervision of activities of the People's Public Security Forces

1. The National Assembly and its agencies, delegations of National Assembly deputies, National Assembly deputies, People's Councils and People's Council deputies shall, within the ambit of their respective tasks and powers, supervise activities of the People's Public Security Forces.

2. The Vietnam Fatherland Front and its member organizations shall have to agitate and mobilize people of all strata to participate in "the entire population protect the fatherland's security" movement; to coordinate and collaborate with and assist the People's Public Security Forces in performing their tasks and building the People's Public Security Forces; and supervise the observance of law on the People's Public Security Forces.

Article 11.- The traditional day of the People's Public Security Forces

The 19th of August every year is taken as the traditional day of the People's Public Security Forces and the festive day "the entire population protect the fatherland's security."

Article 12.- Coordinative relations between the People's Army, Self-Defense and Militia Forces and the People's Public Security Forces

1. The People's Army, Self-Defense and Militia Forces shall have to closely coordinate with the People's Public Security Forces in protecting the national security, maintaining social order and safety, and building the People's Public Security Forces.

2. The Regulation on coordination between the People's Army, Self-Defense and Militia Forces and the People's Public Security Forces shall be promulgated by the Government.

Article 13.- Regimes and policies toward agencies, organizations and individuals that join, coordinate and collaborate with and assist the People's Public Security Forces

1. The State shall protect and keep secret agencies, organizations and individuals that join, coordinate and collaborate with and assist the People's Public Security Forces in protecting national security and maintaining social order and safety.

2. Agencies, organizations and individuals that have joined, coordinated and collaborated with, and assisted the People's Public Security Forces in protecting national security and maintaining social order and safety and suffer prejudice to their honor or damage to their property shall have their honor restored or be compensated. If they suffer from injuries or damage to their health or lives, they and their families shall enjoy regimes and policies provided for by law.

Chapter II

TASKS AND POWERS OF THE PEOPLE'S PUBLIC SECURITY FORCES

Article 14.- Tasks and powers of the People's Public Security Forces

1. To collect information, analyze, evaluate and predict situation and propose the Party and the State to promulgate and direct the implementation of guidelines, policies, laws and strategy on protection of national security, maintenance of social order and safety; to propose the combination of requirements of the strategy on protection of national security, maintenance of social order and safety with those of strategies and policies on socio-economic construction and development, national defense and the State's external relations.

2. To protect the democratic freedoms, life and property of the people; to protect high-ranking leading officials of the Party and the State and foreign guests; to safeguard important events, targets and key projects of national security, foreign representative offices, representatives of Vietnam-based international organizations, individuals holding or closely related to state secrets.

3. To receive and process reports and denunciations against crimes, initiate criminal lawsuits and investigate crimes, and perform other judicial tasks according to the provisions of law.

4. To sanction administrative violations and apply other administrative handling measures as provided for by law.

5. To guide, inspect and examine agencies, organizations and citizens in performing the task of protecting national security and maintaining social order and safety; to conduct the law propagation, dissemination and education and build up "the entire population protects the Fatherland's security" movement.

6. To apply mass mobilization, legal, diplomatic, economic, scientific-technical, professional and armed measures to protect national security and maintain social order and safety.

7. To use weapons, supporting tools and necessary technical and professional means in attacking crimes and making legitimate self-defense according to the provisions of law.

8. In case of necessity, to issue decisions on or propose the suspension or termination of operations of agencies, organizations or individuals which are detrimental to national security, social order and safety, and to requisition means of transport, communication equipment and other technical means of agencies, organizations, individuals and operators or users of such means according to the provisions of law.

9. To request agencies, organizations and/or individuals to coordinate in activities or supply information related to national security, social order and safety.

10. To closely coordinate with the People's Army, Self-Defense and Militia Forces and state agencies in protecting national security, maintaining social order and safety, and defending the national independence, sovereignty, unity and territorial integrity.

11. To research and apply modern scientific and technological achievements in protecting national security and maintaining social order and safety.

12. To build themselves into politically, ideologically, organizationally and professionally clean and strong forces.

13. To enter into international cooperation on protection of national security and social order and safety.

Article 15.- Tasks and powers of the People's Security Force

1. To comply with the provisions of Article 14 of this Law.

2. To conduct activities of preventing, detecting and combating to frustrate all plots and acts of infringing upon national security.

3. To conduct intelligence activities as provided for by law.

4. To guide and coordinate with agencies and organizations in performing tasks of protecting internal political security, economic security, cultural-ideological security and information security; to participate in the evaluation of socio-economic development planning, plans and projects related to the national security protection.

5. To manage exit and entry activities; to manage foreigners and overseas Vietnamese residing in Vietnam; to manage the protection of state secrets; to perform the task of protecting national security in border and border-gates areas according to the provisions of law.

6. To act as the core in building the people's security posture in all domains and geographical areas.

7. To perform and exercise other tasks and powers according to the provisions of law.

Article 16.- Tasks and powers of the People's Police Force

1. To comply with the provisions of Article 14 of this Law.

2. To take initiative in preventing, detecting and fighting crimes and violations of law on social order and safety and environmental protection; to discover causes and conditions for emergence of crimes and other law offenses, and recommend remedies thereto; to participate in community-based education of law offenders according to the provisions of law.

3. To manage residence registrations and grant identity cards; to manage seals; to conduct security and order management of conditional business lines and security services; to manage and secure traffic order and safety and public order; to manage weapons and explosive materials; to manage and conduct fire prevention and fighting; to participate in salvage and rescue according to the provisions of law.

4. To perform and exercise other tasks and powers according to the provisions of law.

Chapter III

ORGANIZATION OF THE PEOPLE'S PUBLIC SECURITY FORCES

Article 17.- The organizational system of the People's Public Security Forces

1. The organizational system of the People's Public Security Forces is composed of:

a/ The Public Security Ministry;

b/ Public Security Departments of provinces and centrally-run cities;

c/ Public Security Offices of rural districts, urban districts, provincial towns and provincially-run cities;

d/ Public Security Offices of communes, wards and townships.

2. Commune public security offices constitute a part-time armed force, playing the core role in "the entire population protects the Fatherland's security" movement, ensuring social security, order and safety at grassroots levels and submit to the direct and comprehensive leadership of local Party Committees, the management and administration by commune People's Committees, and the professional direction and guidance by superior public security offices.

The organization, operation, equipment, uniform, training, fostering of, and regimes and policies toward, commune public security force shall be provided for by law.

3. Basing himself/herself on the security and order requirements and within the ambit of his/her tasks and powers, the Public Security Minister shall decide on establishment of public security stations and offices as well as independent units to be disposed in necessary geographical areas.

Article 18.- Specific functions, tasks and powers, and organizational structures of the People's Public Security Forces

1. The Government shall specify the functions, tasks, powers and organizational structure of the Public Security Ministry.

2. The Public Security Minister shall specify the functions, tasks and powers, and organizational structures of the general departments and units attached to the Ministry, units attached to general departments, public security departments of provinces or centrally-run cities, public security offices of rural districts, urban districts, provincial towns or provincially-run cities, and other units in the People's Public Security Forces.

Article 19.- Commanders in the Public Security Forces

1. The Public Security Minister is the person of the highest command in the People's Public Security Forces.

2. Subordinate public security commanders shall be answerable to superior public security commanders for the organization and operation of public security units they are in charge of. Local public security commanders shall be answerable to superior public security commanders, Party Committees and administrations of the same level.

3. People's public security officers, non-commissioned officers and soldiers of higher positions or higher ranks shall be superiors of those of lower positions or ranks. Officers, non-commissioned officers and soldiers of higher positions but of the equal or lower ranks shall be superiors of those of the equal or higher ranks but lower positions.

Chapter IV

PEOPLE'S PUBLIC SECURITY OFFICERS, NON-COMMISSIONED OFFICERS AND SOLDIERS

Article 20.- Classification of People's Public Security officers, non-commissioned officers and soldiers

1. According to classification by forces, the People's Public Security Forces have:

a/ People's Security officers, non-commissioned officers and soldiers;

b/ People's Police officers, non-commissioned officers and soldiers.

2. According to classification by operation characteristics, the People's Public Security Forces have:

a/ Professional officers and non-commissioned officers;

b/ Technical officers and non-commissioned officers;

c/ Term non-commissioned officers and soldiers.

Article 21.- The system of ranks of People's Public Security officers, non-commissioned officers and soldiers

1. Professional officers and non-commissioned officers:

a/ For non-commissioned officers, there are three ranks:

- Corporal;

- Sergeant;

- Warrant officer.

b/ For company officers, there are four ranks:

- Second lieutenant;

- Lieutenant;

- Senior lieutenant;

- Captain;

c/ For field officers, there are four ranks:

- Major;

- Lieutenant colonel;

- Senior lieutenant colonel;

- Colonel.

d/ For generals, there are four ranks:

- Major general;

- Lieutenant general;

- Senior lieutenant general;

- General.

2. Technical officers and non-commissioned officers:

a/ For non-commissioned officers, there are three ranks:

- Corporal;

- Sergeant;

- Warrant officer.

b/ For company officers, there are four ranks:

- Second lieutenant;

- Lieutenant;

- Senior lieutenant;

- Captain;

c/ For field officers, there are three ranks:

- Major;

- Lieutenant colonel;

- Senior lieutenant colonel.

3. Term non-commissioned officers and soldiers:

a/ For soldiers, there are two ranks:

- Private;

- First-class private.

b/ For non-commissioned officers, there are three ranks:

- Corporal;

- Sergeant;

- Warrant officer.

Article 22.- Eligible subjects, conditions and duration for consideration of appointment and promotion to the rank of People's Public Security officers, non-commissioned officers or soldiers

1. Subjects eligible for rank appointment:

a/ Graduates from universities of the People's Public Security Forces shall be appointed to the rank of second lieutenant; graduates from intermediate schools of the People's Public Security Forces shall be appointed to the rank of sergeant;

b/ Cadres, public servants and graduates from academies, universities, colleges, professional and vocational intermediate schools who are recruited to serve in the People's Public Security Forces shall, depending on their trained professional level and assigned tasks, be appointed to corresponding ranks;

c/ Citizens who serve for a given term in the People's Public Security Forces shall be appointed to the rank of private, first-class private, corporal, sergeant or warrant officer.

2. Conditions for rank promotion consideration:

Officers, non-commissioned officers and soldiers of the People's Public Security Forces shall be promoted in ranks when their current ranks are lower than the highest ranks set for their incumbent positions and they fully meet the set criteria on political quality and professional qualifications, and the condition on duration for rank promotion consideration defined in Clause 3 of this Article.

3. Durations for rank promotion consideration:

a/ For professional officers and non-commissioned officers:

From corporal to sergeant: one year;

From sergeant to warrant officer: one year;

From warrant officer to second lieutenant: two years;

From second lieutenant to lieutenant: two years;

From lieutenant to senior lieutenant: three years;

From senior lieutenant to captain: three years;

From captain to major: four years;

From major to lieutenant colonel: four years;

From lieutenant colonel to senior lieutenant colonel: four years;

From senior lieutenant colonel to colonel: four years;

For general rank promotion, no duration is set;

b/ The duration for consideration of rank promotion for technical officers and non-commissioned officers; non-commissioned officers and soldiers serving for a given term in the People's Public Security Forces shall be set by the Government;

c/ People's Public Security officers, non-commissioned officers and soldiers, who record particularly outstanding achievements in crime prevention and fighting and professional activities, may be considered for a skip in ranks; if they record particularly outstanding achievements in work, scientific research or study, they may be considered for ahead-of-time rank promotion.

d/ The duration when officers, non-commissioned officers and soldiers study at universities or schools shall be calculated into duration for rank promotion consideration; demoted officers, non-commissioned officers and soldiers who, within one year after the date of demotion, make progress shall be considered for rank promotion.

Article 23.- The system of basic positions in the People's Public Security Forces

1. The system of basic positions in the People's Public Security Forces consists of:

a/ Squad leader;

b/ Platoon leader;

c/ Company commander;

d/ Battalion commander; head of public security office of ward or township; team leader;

e/ Regiment commander; head of public security office of rural district, urban district, provincial town or provincial city; head of section;

f/ Director of public security department of province or centrally-run city;

g/ Commander, department director;

h/ General department director;

i/ The Minister.

2. Positions equivalent to those specified at Points a, b, c, d, e, f, g and h, Clause 1 of this Article, and other positions and titles in the People's Public Security Forces shall be provided for by law.

Article 24.- The system of ranks of People's Public Security officers

1. Ranks of officers holding basic positions in the People's Public Security Forces are specified as follows:

a/ Squad leader: Second lieutenant, lieutenant or senior lieutenant;

b/ Platoon leader: Lieutenant, senior lieutenant or captain;

c/ Company commander: Senior lieutenant, captain or major;

d/ Battalion commander; head of public security office of ward or township; team leader: Major, lieutenant colonel;

e/ Regiment commander; head of public security office of rural district, urban district, provincial town or provincial city; head of section: Lieutenant colonel, senior lieutenant colonel;

f/ Director of public security department of province or centrally-run city; department director: Senior lieutenant colonel, colonel;

g/ Director of the Public Security Department of Hanoi city or Ho Chi Minh city; the commander of the security guard command: Colonel, major general;

h/ General department director: Major general, lieutenant general;

i/ The Minister: Senior lieutenant general, general.

2. For officers who hold basic positions in units assigned important or special tasks or in geographical areas of strategic position for security or order, the highest rank may be one rank higher than the highest rank of the corresponding positions specified at Points a, b, c, d, e and f, Clause 1 of this Article.

3. Ranks of officers holding positions equivalent to those specified in Clause 1 of this Article and other positions shall be provided for by law.

Article 25.- Competence to appoint, promote, to demote or strip ranks of officers, non-commissioned officers and soldiers; to appoint, dismiss, relieve from office position holders in the People's Public Security Forces or demote them to lower positions

1. The State President shall appoint or promote officers to ranks of senior lieutenant general and general. The Prime Minister shall confer or promote officers to ranks of major general and lieutenant general, and appoint holders of positions of vice minister or director of general department under the Public Security Ministry.

The Public Security Minister shall appoint or promote officers to ranks of field officers, appoint holders of positions of deputy-general director of general department, commander, department director, deputy commander, deputy director of department under the Public Security Ministry and equivalent positions and titles, director and deputy director of provincial/municipal public security department, and stipulate the rank appointment and promotion and appointment of other positions and titles in the People's Public Security Forces.

2. Persons competent to appoint or promote officers to certain ranks shall have the right to strip them of or demote them from such ranks; each time of promotion or demotion shall involve only one higher or lower rank, except for special cases where the promotion or demotion involving several higher or lower ranks is considered. Persons competent to appoint holders of certain positions shall have the right to dismiss, relieve from office or demote such position holders to lower positions.

Article 26.- Transfer of People's Public Security officers, non-commissioned officers and soldiers

1. People's Public Security officers, non-commissioned officers and soldiers must obey transfer orders of competent authorities.

2. Persons competent to appoint holders of certain positions shall have the right to transfer such position holders.

Article 27.- Seconding of People's Public Security officers

1. On the basis of requirements and tasks of protecting national security and maintaining social order and safety, People's Public Security officers may be seconded to work in agencies or organizations outside the People's Public Security Forces according to the regulations of competent authorities.

2. Seconded People's Public Security officers shall enjoy the regimes and policies according to the provisions of this Law and other relevant provisions of law.

3. Agencies and organizations where People's Public Security officers are seconded shall have to keep secret such seconding and ensure working and living conditions for such officers according to the provisions of law.

Article 28.- Service age limits of People's Public Security officers

1. The service age limits of People's Public Security officers are specified as follows:

For company officers: 50 years;

For major and lieutenant colonel: 55 years for male and 53 years for female;

For senior lieutenant colonel: 58 years for male and 55 years for female;

For colonel and general rank: 60 years for male and 55 years for female.

2. Where People's Public Security units have demands and concerned officers have all qualities, are professionally qualified and fit and volunteer for longer service, the service ages specified in Clause 1 of this Article may be prolonged for no more than 5 years. Specific service age prolongations shall be specified by the Government.

3. People's Public Security officers who fully meet the conditions for social insurance set by the State shall be entitled to retirement. For those who have served in the People's Public Security Forces for full 25 years for male, or full 20 years for female and are neither physically fit nor professionally capable for the job, or apply for retirement, they shall be allowed to retire before reaching the ages specified in Clause 1 of this Article.

Article 29.- Obligations and responsibilities of People's Public Security officers, non-commissioned officers and soldiers

1. To be absolutely loyal to the Fatherland and the people.

2. To strictly observe the Party's guidelines and policies, the State's laws, the People's Public Security Forces' statute, superiors' directives and commands.

3. To be honest, brave, alert, ready for combat and accomplishment of all assigned tasks;

4. To respect and protect legitimate rights and interests of agencies, organizations and individuals; to dedicatedly serve the people, and be respectful and polite to the people.

5. To constantly study to improve their political quality, law knowledge and scientific-technical and professional level; to temper their revolutionary quality and sense of disciplinary organization and train their physical strength.

6. To be held responsible before law and their superiors for their commands, the obedience to their superiors' commands and the performance of tasks by their subordinates. When receiving commands from their commanders, if they have grounds to believe that such commands are unlawful, they shall have to promptly report such to the command givers. Where they still have to obey such commands, they shall report such on time to immediate superiors of the command givers and shall not be responsible for consequences of the obedience to such commands.

Article 30.- Things which must not be done by People's Public Security officers, non-commissioned officers and soldiers

1. Taking advantage of their positions and vested powers to infringe upon interests of the State, rights and legitimate interests of agencies, organizations and individuals.

2. Acting against the law and the statute of the People's Public Security Forces, and doing things which, according to law, must not be done by cadres and public servants.

Chapter V

ASSURANCE OF OPERATION OF AND REGIMES AND POLICIES TOWARD THE PEOPLE'S PUBLIC SECURITY FORCES

Article 31.- Assurance of funding and material foundations in service of operation of the People's Public Security Forces

1. Funding sources in service of operation of the People's Public Security Forces come from the state budget and other revenue sources as specified by law.

2. The State shall assure funding and materials foundations in service of operation of the People's Public Security Forces to meet the requirements of the protection of national security and the maintenance of social order and safety in each period.

Article 32.- Equipping of weapons, supporting tools and technical and professional means of the People's Public Security Forces

1. The People's Public Security Forces shall be equipped by the State with weapons, supporting tools and technical and professional means suitable to their assigned tasks.

2. The State shall adopt priority policies and intensify investment in research into and application of modern scientific and technical achievements, manufacture and equipping of weapons, supporting tools and technical and professional means in service of work, combat and building of the People's Public Security Forces.

Article 33.- Uniforms, public security signs, force flags, rank insignias, badges and identity cards of the People's Public Security Forces

Uniforms, public security signs, force flags, rank insignias, badges and identity cards of the People's Public Security Forces shall be specified by the Government.

Article 34.- Policies on training and fostering of People's Public Security officers, non-commissioned officers and soldiers

1. People's Public Security officers, non-commissioned officers and soldiers shall be provided with political, professional and legal training and fostering and other necessary knowledge suitable to their assigned tasks; encouraged and facilitated by the State to develop their talents to serve the People's Public Security Forces.

2. The State shall adopt policies on training and fostering People's Public Security officers, non-commissioned officers and soldiers who are ethnic minority people.

Article 35.- Salaries, allowances and working conditions for People's Public Security officers, non-commissioned officers and soldiers

1. Salaries and allowances of People's Public Security officers, non-commissioned officers and soldiers shall be provided for on the basis of ranks and positions and in suitability with the nature and tasks of the People's Public Security Forces; seniority shall be calculated according to current salary grades and duration of service in the People's Public Security Forces. The regime of salaries and allowances for People's Public Security officers, non-commissioned officers and soldiers shall be specified by the Government.

2. People's Public Security officers and non-commissioned officers, who satisfy the criteria and the condition on duration for rank promotion consideration and already have the highest rank for their incumbent positions or have been appointed to the rank of colonel for four years or more but not yet promoted to the general rank, shall be considered for salary raise according to the Government's regulations.

3. People's Public Security officers and non-commissioned officers who concurrently hold many positions shall enjoy interests of the highest position.

4. People's Public Security officers, non-commissioned officers and soldiers shall have their working and living conditions assured according to their assigned tasks.

Article 36.- Healthcare for People's Public Security officers, non-commissioned officers, soldiers and their families

1. People's Public Security officers, non-commissioned officers and soldiers on active service shall enjoy healthcare; when they get wounded or ill while being far from medical establishments of the People's Public Security Forces or are diseased due to occupational accidents or infected with diseases which cannot be treated by medical establishments of the People's Public Security Forces, they shall be provided with medical examination and treatment at medical establishments not belonging to the People's Public Security Forces, have hospital fees paid by the People's Public Security Forces and enjoy other regimes provided for by law.

2. Fathers, mothers, lawful fosterers of husbands and wives, husbands or wives and under-18 children of People's Public Security officers, non-commissioned officers and soldiers on active service without medical insurance shall be provided with medical examination and treatment, and enjoy hospital fee exemption or reduction at medical establishments according to the Government's regulations.

Article 37.- Rest time of People's Public Security officers, non-commissioned officers and soldiers

People's Public Security officers, non-commissioned officers and soldiers on active service shall enjoy the public holidays defined in the Labor Code and take leaves according to the regulations of the Public Security Minister.

Article 38.- Regimes and policies toward People's Public Security officers and non-commissioned officers who retire, are transferred to other branches or demobilized from the People's Public Security Forces

1. People's Public Security officers who retire shall be entitled:

a/ To enjoy pensions calculated on the bases specified in Clause 1, Article 35 of this Law;

b/ To wear the uniform of the People's Public Security Forces, public security signs, force flags, rank insignias and badges on public holidays, at meetings and traditional anniversaries of the People's Public Security Forces;

c/ To be facilitated by administrations of localities where they reside to stabilize their life;

d/ To be provided with medical examination and treatment according to the medical insurance regime at medical establishments of the People's Public Security Forces and those not belonging to the People's Public Security Forces.

2. People's Public Security officers and non-commissioned officers who are transferred to other branches shall be entitled:

a/ To have their salary levels at the time of transfer reserved for a minimum duration of 18 months;

b/ To have their transfer durations calculated into their continuous working time for rank promotion consideration and work seniority calculation if they are transferred back to serve in the People's Public Security Forces as required;

c/ To enjoy, upon their retirement, seniority allowances calculated according to duration of service in the People's Public Security Forces. Where they enjoy salary levels lower than their salary levels at the time of their transfer, the latter shall serve as basis for calculating pensions.

3. Officers and non-commissioned officers who no longer serve in the People's Public Security Forces but not yet satisfy the conditions for retirement shall enjoy the following entitlements:

a/ Subsidies for job creation and lump-sum subsidies as provided for by the Government;

b/ The entitlements specified at Points b and c, Clause 1 of this Article;

c/ Those who have served in the People's Public Security Forces for full 15 years or more, when falling ill and being hospitalized at medical establishments of the People's Public Security Forces, shall enjoy hospital fee exemption or reduction according to the regulations of the Public Security Minister.

4. Non-commissioned officers and soldiers serving for a given term in the People's Public Security Forces, when their service term expires, shall be provided with supports for job training or creation and enjoy other regimes and policies according to the Government's regulations.

Article 39.- Rights and obligations of, and regimes and policies toward, workers and public employees of the People's Public Security Forces

1. Workers and public employees of the People's Public Security Forces shall have the rights and obligations according to the provisions of law on labor, law on cadres and public servants and other relevant provisions of law.

2. The Government shall provide specific regimes and policies toward workers and public employees of the People's Public Security Forces.

Chapter VI

COMMENDATION, AND HANDLING OF VIOLATIONS

Article 40.- Commendation

1. Agencies, organizations and individuals that join, coordinate and collaborate with or assist the People's Public Security Forces in protecting national security, and maintaining social order and safety shall, depending on their merits, be considered for commendation and rewards according to the provisions of law.

2. People's Public Security officers, non-commissioned officers, soldiers, workers and public employees who record exploits in combat or work shall, depending on their exploits, be considered for conferment of orders, medals, state honorable titles and other forms of commendation according to the provisions of law.

Article 41.- Handling of violations

1. Agencies, organizations and individuals that commit acts of opposing or obstructing activities of People's Public Security officers, non-commissioned officers and soldiers who are on official duty shall, depending on the nature and seriousness of their violations, be disciplined, administratively sanctioned or examined for penal liability.

2. People's Public Security officers, non-commissioned officers, soldiers, workers and public employees who violate disciplines or law shall, depending on the nature and seriousness of their violations, be disciplined, administratively sanctioned or examined for penal liability; if causing damage to health or life of other people, property or lawful interests of agencies, organizations or individuals, they must pay compensations therefor according to the provisions of law.

3. People's Public Security officers, non-commissioned officers and soldiers must not wear the public security signs, rank insignias and badges when being prosecuted, held in custody or detention. Where they are sentenced to imprisonment, they shall naturally be deprived of the public security signs, rank insignias and badges when court judgments come into force.

Chapter VII

IMPLEMENTATION PROVISIONS

Article 42.- Implementation effect

This Law takes effect as from July 1, 2006.

The 1987 Ordinance on Vietnam People's Security Force, the 1989 Ordinance on Vietnam People's Police Force, the 1991 Ordinance Amending and Supplementing a Number of Articles of the Ordinance on Vietnam People's Security Force, the 1991 Ordinance Amending and Supplementing a Number of Articles of the Ordinance on Vietnam People's Police Force, and the 1995 Ordinance Amending and Supplementing Article 6 of the Ordinance on Vietnam People's Police Force shall cease to be effective as from the effective date of this Law.

All previous stipulations which are contrary to this Law are hereby annulled.

Article 43.- Implementation guidance

The Government shall detail and guide the implementation of this Law.

This Law was passed on November 29, 2005, by the XI^th National Assembly of the Socialist Republic of Vietnam at its 8^th session

 

THE NATIONAL ASSEMBLY CHAIRMAN Nguyen Van An